Kerala High Court Sets Aside Conviction in Abkari Case Over Breach of Sections 38 and 53A

The Kerala High Court held that a violation of Sections 38 and 53A of the Abkari Act entitles the accused to the benefit of doubt.

The Court noted that the prosecution failed to establish a foolproof chain of custody to prove that the seized liquor samples were the same that reached the chemical examiner. The appellants were convicted under Section 8(2) for possessing 3,000 packets of arrack. 

The Court relied on Vijayan @ Puthoor Vijayan v. State of Kerala, observing that samples were not taken in the presence of a Magistrate and mandatory reporting was not followed.

Subsequently, The conviction was set aside.

[Prabhu Prakash and Anr. v. State of Kerala]